Amy Coney Barrett grilled on Day 2 of Senate confirmation hearings

Here are highlights of her more than 11 hours of questioning Tuesday.

The high-stakes confirmation hearings for Judge Amy Coney Barrett continued Tuesday with the Supreme Court nominee facing questions for more than 11 hours.

Senate Republicans are keeping up their push for a final vote before Election Day despite Democratic calls to let voters decide who should pick a new justice.

Trump nominated Barrett to fill the seat left by the late Justice Ruth Bader Ginsburg.

The four days of Senate Judiciary Committee hearings are unprecedented, with some members participating virtually and in-person. Barrett is appearing at the witness table to face questions.

Hearings begin at 9 a.m. each day and will be live streamed on ABC News Live.

In opening statements Monday, Democrats argued the nomination puts the health care of millions of Americans at risk amid an ongoing pandemic and some called on Barrett to recuse herself from any presidential election-related cases. Republicans, who say they already have the votes to confirm Trump's pick, defended Barrett's Roman Catholic faith from attacks which have yet to surface from inside the hearing room.

Barrett, 48, was a law clerk to conservative Justice Antonin Scalia and follows his originalist interpretation of the Constitution. She practiced law at a Washington firm for two years before returning to her alma mater, Notre Dame Law School, to teach. She was nominated by Trump in 2017 to the Seventh U.S. Circuit Court of Appeals and confirmed by the Senate in a 55-43 vote.


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Klobuchar presses Barrett on ACA, Barrett says she can’t speak to what Trump says on Twitter

Sen. Amy Klobuchar, D-Minn., began her questioning by reminding the committee that the Senate should be passing coronavirus relief right now, not rushing a Supreme Court nomination in an election year.

“I appreciate Judge, that you said you did not want to be a 'queen.' I would not mind being the queen around here, truth be known,” Klobuchar said, prompting a laugh from Barrett. “But you said that you would not let your views influence you and the like, but the truth is the Supreme Court rulings rule people's lives.”

Klobuchar then quoted Trump promising to appoint a justice who would overturn the Affordable Care Act and asked Barrett, “Do you think that we should take the president at his word when he says his nominee will do the right thing and overturn the Affordable Care Act?”

“I can't really speak to what the president had said on Twitter,” Barrett said. “He has not said any of that to me. What I can tell you, as I have told your colleagues earlier today, is that no one has elicited any commitment in the case or brought up that commitment in the case. I am 100% committed to judicial Independence from political pressure.”

Klobuchar also quoted from an essay Barrett wrote disagreeing with Chief Justice John Roberts’ majority decision which upheld the Affordable Care Act. Barrett stood by her interpretation.

“One thing I want to clarify is you say that I criticized Chief Justice Roberts, and I don't attack people. It's just ideas,” Barrett said. “So it was designed to make a comment about his reasoning in that case, which as I have said before is consistent with the majority opinion characterizing it as a left plausible reading of the statute.”


Hearing resumes

Graham called the Senate Judiciary Committee back into session shortly after 12:45 p.m.

There are fifteen senators remaining in this round. Each has 30 minutes to ask Barrett questions.


Committee breaks for lunch

After three hours of questioning, Graham announced the Senate Judiciary Committee is in recess until 12:45 p.m.


Durbin presses Barrett on gun rights, voting rights

Sen. Dick Durbin, D-Ill., homed in on Barrett’s dissent in Kanter v. Barr, a gun rights case from 2019. Barrett was the lone dissenter when a Seventh Circuit panel majority rejected a Second Amendment challenge from a man, Ricky Kanter, found guilty of felony mail fraud and prohibited from possessing a gun under federal and Wisconsin law.

Barrett argued non-violent felons shouldn't be banned for life from gun ownership, writing in her dissent that the Second Amendment “confers an individual right, intimately connected with the natural right of self-defense and not limited to civic participation.”

Knowing this, Durbin asked Barrett about the differentiation she made in Kanter between felon voting rights and gun ownership.

“You are saying a felony should not disqualify Ricky [Kanter] from buying an AK-47 but using a felony conviction to deny them the right to vote is all right?” Durbin asked.

Barrett answered confidently but provided little insight into what her Kanter decision might mean for future voting rights cases.

“Senator, what I said was that the Constitution contemplates that states have the freedom to deprive felons of the right to vote. It is expressed in the constitutional text, but I expressed no view whether it was a good idea, whether states should do that. I didn't explore in that opinion because it was completely irrelevant to what limits, if any, there might be on a state's ability to curtail felon voting rights,” she said.


Barrett: Won't be used as a 'pawn to decide this election,' but declines to commit to recusal 

Sen. Chris Coons, D-Del., noting what President Trump has said about needing nine justices on the Supreme Court by the November election to decide any election-related disputes, asked Barrett if she will commit to recusing herself from those cases.

"Given what President Trump said, given the rest of the context of this confirmation, will you commit to recusing yourself from any case arising from a dispute in the presidential election results three weeks from now?" Coons asked.

"Thank you for giving me the opportunity to clarify this," Barrett began. "And I want to be very clear for the record and to all members of this committee that no matter what anyone else may think or expect, I have not committed or signaled, never even written -- I've had a couple of opinions that have been around this law, but I haven't even written anything that I would think anybody could reasonably say  this is how she might resolve an election dispute."

"I would consider it, and I certainly hope that all members of the committee have more confidence in my integrity then to think that I would allow myself to be used as a pawn to decide this election for the American people," Barrett continued.

"That would be on the question of actual bias, and you asked about the appearance of bias and you're right that the statute does require a justice or judge to recuse if there is an appearance of bias. And what I will commit to every member of this committee, to the rest of the Senate and to the American people is that I will consider all factors that are relevant to that question that requires recusal when there's an appearance of bias," she said.

Barrett went on to say she would discuss that with the other justices were a dispute to arise.

"Justice Ginsburg said it is always done with consultation of the other justices. So, I promise you that if I were confirmed and if an election dispute arises, both of which are if, that I would very seriously undertake that process and consider every relevant factor. I can't commit to you right now for reasons that we've talked about before, but I do ensure you of my integrity and that I would take that question very seriously," she said.